This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

24995 

Vol. 79, No. 85 

Friday, May 2, 2014 

1To view the proposed rule, supporting 

documents, or the comments that we received, go 

to http://www.regulations.gov/

#!docketDetail;D=APHIS-2012-0038. 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 246 

RIN 0584–AD77 

Special Supplemental Nutrition 

Program for Women, Infants and 

Children (WIC): Revisions in the WIC 

Food Packages; Approval of 

Information Collection Request 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Final rule; Notice of approval of 

Information Collection Request (ICR). 

SUMMARY: The rule titled Special 

Supplemental Nutrition Program for 

Women, Infants and Children (WIC): 

Revisions in the WIC Food Packages 

was published on March 4, 2014. The 

Office of Management and Budget 

cleared the associated information 

collection requirements (ICR) on April 

14, 2014. This document announces 

approval of the ICR. 

DATES: The ICR associated with the rule 

published in the Federal Register on 

March 4, 2014, at 79 FR 12273, was 

approved by OMB on April 14, 2014, 

under OMB Control Number 0584–0043. 

FOR FURTHER INFORMATION CONTACT: 

Anne Bartholomew, Chief, Nutrition 

Services Branch, Supplemental Food 

Programs Division, Food and Nutrition 

Service, USDA, 3101 Park Center Drive, 

Room 522, Alexandria, Virginia 22302, 

(703) 305–2746 or anne.bartholomew@

fns.usda.gov. 

Dated: April 28, 2014. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2014–10160 Filed 5–1–14; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0038] 

RIN 0579–AD79 

Importation of Cape Gooseberry From 

Colombia Into the United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the fruits 

and vegetables regulations to allow the 

importation of cape gooseberry from 

Colombia into the United States. As a 

condition of entry, cape gooseberry from 

Colombia must be subject to a systems 

approach that includes requirements for 

establishment of pest-free places of 

production and the labeling of boxes 

prior to shipping. The cape gooseberry 

also must be imported in commercial 

consignments and accompanied by a 

phytosanitary certificate issued by the 

national plant protection organization of 

Colombia certifying that the fruit has 

been produced in accordance with the 

systems approach. This action allows 

for the importation of cape gooseberry 

from Colombia into the United States 

while continuing to provide protection 

against the introduction of plant pests. 

DATES: Effective Date: June 2, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Senior Regulatory 

Policy Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road, Unit 133, 

Riverdale, MD 20737–1236; (301) 851– 

2352. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–66, referred to below as 

the regulations) prohibit or restrict the 

importation of fruits and vegetables into 

the United States from certain parts of 

the world to prevent the introduction 

and dissemination of plant pests. 

Prior to the effective date of this final 

rule, the regulations only allowed cape 

gooseberry (Physalis peruviana) to be 

imported into the United States from 

Colombia if the commodity was treated 

with cold treatment for Mediterranean 

fruit fly (Ceratitis capitata or Medfly). 

However, the national plant 

protection organization (NPPO) of 

Colombia requested that the Animal and 

Plant Health Inspection Service (APHIS) 

amend the regulations to allow 

commercial consignments of cape 

gooseberry from production sites 

recognized as free of Medfly in the 

Bogota Savannah and the neighboring 

municipalities above 2,200 meters of 

elevation in the Departments of Boyaca ́

and Cundinamarca without cold 

treatment. 

In response to the request of the 

NPPO of Colombia, we prepared a 

commodity import evaluation document 

(CIED) titled ‘‘Recognition of cape 

gooseberry production sites that are free 

of Mediterranean fruit fly within a low 

prevalence area in Colombia Bogota 

Savannah and the neighboring 

municipalities above 2,200 meters in the 

Departments of Boyaca ́ and 

Cundinamarca.’’ 

Based on the evidence presented in 

the CIED, on August 16, 2013, we 

published in the Federal Register (78 

FR 49972–49975, Docket No. APHIS– 

2012–0038) a proposed rule 1 to 

authorize the importation of cape 

gooseberry from Colombia into the 

United States without cold treatment, 

provided that the cape gooseberry were 

produced in accordance with a systems 

approach consisting of the following 

requirements: Production in pest-free 

areas of production in the Bogota 

Savannah or the neighboring 

municipalities above 2,200 meters of 

elevation in the Departments of Boyaca ́

and Cundinamarca; importation in 

commercial consignments only; labeling 

of boxes; phytosanitary inspection; and 

issuance of a phytosanitary certificate. 

We solicited comments concerning 

our proposal for 60 days ending October 

15, 2013. We received two comments by 

that date. One, from a U.S. importer of 

cape gooseberry from Colombia, 

expressed support for the proposed rule. 

The other, from the NPPO of Colombia, 

requested several modifications to what 

it understood to be the provisions of the 

proposed rule. We discuss this latter 

comment below. 


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24996 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 

Comments Regarding Pest-Free Areas of 

Production 

As we mentioned above, in order for 

cape gooseberry to be imported into the 

United States from Colombia without 

cold treatment for Medfly, we proposed 

that the cape gooseberry would have to 

be produced in areas of Colombia that 

have been determined to be free from 

Medfly. In order to demonstrate such 

freedom, we proposed that the NPPO of 

Colombia would have to enter into a 

bilateral workplan with APHIS, and trap 

for Medfly according to the trapping 

requirements in that bilateral workplan. 

This proposed trapping requirement 

to demonstrate freedom from Medfly 

was recommended by the CIED that 

accompanied the proposed rule. The 

CIED also provided recommendations 

regarding the placement and servicing 

of Medfly traps to implement this 

proposed requirement. Among other 

recommendations, it suggested that 

Jackson traps, a type of Medfly trap, be 

placed at intervals of 1 trap per hectare. 

The NPPO of Colombia requested that 

this interval be 1 trap per 2 hectares or 

fraction thereof. The NPPO provided 

information demonstrating that most 

cape gooseberry production sites in 

Colombia are a hectare or less, but that 

a significant minority of sites are 

slightly more than a hectare. The NPPO 

stated that requiring two traps in these 

latter production sites would be 

excessive in light of other surveillance 

activities for Medfly that it already 

routinely conducts. 

The CIED also recommended the use 

of McPhail or multilure Medfly traps 

and suggested that such traps be 

serviced every 7 days. The NPPO stated 

that it currently services McPhail traps 

at 14-day intervals, and requested that 

we allow such servicing intervals to 

continue if the proposed rule were 

finalized. The NPPO pointed out the 

International Atomic Energy Agency 

recommends servicing McPhail traps 

once every 7 to 14 days. 

As we noted in the preamble to the 

proposed rule, the provisions of the 

proposed rule were based on the 

recommendations of the CIED. The CIED 

recommended trapping to demonstrate 

freedom from Medfly within cape 

gooseberry production areas in 

Colombia, and the proposed rule 

incorporated this recommendation as a 

proposed provision. 

The CIED also recommended one 

method of implementing this proposed 

trapping requirement. Out of 

recognition that there could be other 

methods of implementing the 

requirement, we did not propose to 

codify that method. Rather, we 

proposed to discuss the requirement 

within the context of developing a 

bilateral workplan with the NPPO of 

Colombia. Following the effective date 

of this final rule, we will engage the 

NPPO in such a discussion, and develop 

trapping procedures that are mutually 

agreed upon to demonstrate freedom 

from Medfly within a particular cape 

gooseberry production area. 

Comments Regarding Post-Detection 

Measures 

In the proposed rule, we proposed 

that, if Medfly were captured in a pestfree area of Colombia, this would result 

in immediate cancellation of exports 

from cape gooseberry farms within 5 

square kilometers of the detection site. 

The NPPO of Colombia pointed out 

that there has only been one detection 

of Medfly in the proposed pest-free area 

since 1993. The NPPO also stated that 

it is the general consensus of 

entomologists that cape gooseberry is 

not a preferred host for Medfly. For 

these reasons, the NPPO suggested that 

a 5 square kilometer prohibition on 

exports following a single Medfly 

detection was not commensurate with 

risk. Instead, they suggested a 0.5 square 

kilometer prohibition following such a 

detection. 

The generally accepted standard for 

eradication areas for Medfly is 5 square 

kilometers. In order for us to deviate 

from that standard to the extent 

requested by the NPPO, there would 

have to be evidence suggesting that cape 

gooseberry is so atypical and 

inhospitable a host of Medfly that a 0.5 

square kilometer eradication area 

surrounding an outbreak would be 

sufficient to detect all Medfly in the area 

surrounding the detection and preclude 

the further spread of the pest. Detection 

rates of Medfly at non-commercial cape 

gooseberry sites within the United 

States suggest that, while cape 

gooseberry is not a preferred host of 

Medfly, Medfly populations can 

establish on cape gooseberry. Thus we 

are making no change in response to 

this comment. 

In the proposed rule, we proposed 

that the prohibition on exports of cape 

gooseberry to the United States 

following a Medfly detection would 

continue until APHIS and the NPPO of 

Colombia agree that the risk has been 

mitigated. The CIED that accompanied 

the proposed rule suggested that the 

duration of this prohibition should be 

no less than three Medfly life cycles 

based on degree-day models. 

The NPPO of Colombia stated that 

they do not have field studies regarding 

degree-day models for Medfly, and 

suggested that any degree-day models 

used to fulfill this regulatory 

requirement be based on peer-reviewed 

laboratory studies instead. 

As we stated in the proposed rule, the 

prohibition would remain in effect until 

APHIS and the NPPO of Colombia agree 

that the risk has been mitigated. Degreeday models regarding the life cycles of 

Medfly will factor into such a 

determination, but will not be the sole 

determinant. To that end, peer-reviewed 

laboratory studies regarding degree-day 

models for Medfly will be taken into 

consideration. 

Miscellaneous 

In the proposed rule, we proposed to 

add the conditions governing the 

importation of cape gooseberry from 

Colombia as § 319.56–60. In this final 

rule, they are added as § 319.56–67. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the change discussed in this 

document. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

APHIS is amending the current 

regulations to allow the entry of fresh 

cape gooseberry from Colombia under a 

systems approach. Since 2003, 

Colombia has been allowed to export 

fresh cape gooseberry to the United 

States under a cold treatment protocol 

to prevent the entry of Medfly. The 

systems approach permits cape 

gooseberry imports without cold 

treatment from production sites 

recognized as free of Medfly. In 2011, 

only about 0.2 percent (14 metric tons) 

of Colombia’s fresh cape gooseberry 

exports were shipped to the United 

States, valued at about $90,300. 

The United States does not produce 

cape gooseberry commercially. Small 

entities that may benefit from increased 

imports of fresh cape gooseberry from 

Colombia will be importers, 

wholesalers, and other merchants who 

sell this fruit. While these industries are 

primarily comprised of small entities, 


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Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 24997 

APHIS expects any impacts of the rule 

for these businesses to be minor. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This final rule allows cape gooseberry 

to be imported into the United States 

from Colombia. State and local laws and 

regulations regarding cape gooseberry 

imported under this rule will be 

preempted while the fruit is in foreign 

commerce. Fresh fruits are generally 

imported for immediate distribution and 

sale to the consuming public and would 

remain in foreign commerce until sold 

to the ultimate consumer. The question 

of when foreign commerce ceases in 

other cases must be addressed on a caseby-case basis. No retroactive effect will 

be given to this rule, and this rule will 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this final rule, 

which were filed under 0579–0411, 

have been submitted for approval to the 

Office of Management and Budget 

(OMB). When OMB notifies us of its 

decision, if approval is denied, we will 

publish a document in the Federal 

Register providing notice of what action 

we plan to take. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we are amending 7 CFR 

part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. Section 319.56–67 is added to read 

as follows: 

§ 319.56–67 Cape gooseberry from 

Colombia. 

Cape gooseberry (Physalis peruviana) 

may be imported into the United States 

from Colombia in accordance with the 

conditions described in this section. 

These conditions are designed to 

prevent the introduction of Ceratitis 

capitata. 

(a) Workplan. The national plant 

protection organization (NPPO) of 

Colombia must provide a bilateral 

workplan to APHIS that details the 

activities that the NPPO will, subject to 

APHIS’ approval, carry out to meet the 

requirements of this section. APHIS will 

be directly involved with the NPPO in 

the monitoring and auditing 

implementation of the systems 

approach. 

(b) Places of production. (1) All places 

of production must be registered with 

the NPPO of Colombia. 

(2) All places of production must be 

located within the C. capitata low 

prevalence area of the Bogota Savannah 

and the neighboring municipalities 

above 2,200 meters in the Departments 

of Boyaca ́ and Cundinamarca. 

(c) Mitigation measures for C. 

capitata. (1) Trapping for C. capitata 

must be conducted in the places of 

production in accordance with the 

bilateral workplan to demonstrate that 

those places are free of C. capitata. 

Specific trapping requirements must be 

included in the bilateral workplan. The 

NPPO of Colombia must keep records of 

fruit fly detections for each trap and 

make the records available to APHIS 

upon request. 

(2) All fruit flies trapped must be 

reported to APHIS immediately. Capture 

of C. capitata will result in immediate 

cancellation of exports from farms 

within 5 square kilometers of the 

detection site. An additional 50 traps 

must be placed in the 5 square kilometer 

area surrounding the detection site. If a 

second detection is made within the 

detection areas within 30 days of a 

previous capture, eradication using a 

bait spray agreed upon by APHIS and 

the NPPO of Colombia must be initiated 

in the detection area. Treatment must 

continue for at least 2 months. Exports 

may resume from the detection area 

when APHIS and the NPPO of Colombia 

agree the risk has been mitigated. 

(d) Post-harvest procedures. The cape 

gooseberry must be packed in boxes 

marked with the identity of the 

originating farm. The boxes must be 

packed in sealed and closed containers 

before being shipped. 

(e) Phytosanitary inspection. After 

packing, the NPPO of Colombia must 

visually inspect a biometric sample of 

cape gooseberry at a rate jointly 

approved by APHIS and the NPPO of 

Colombia, and cut open the sampled 

fruit to detect C. capitata. 

(f) Commercial consignments. The 

cape gooseberry must be imported in 

commercial consignments only. 

(g) Phytosanitary certificate. Each 

consignment of cape gooseberry must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of 

Colombia containing an additional 

declaration stating that the fruit 

originated from a place of production 

free of C. capitata within the low 

prevalence area of Bogota Savannah and 

the neighboring municipalities above 

2,200 meters of elevation in the 

Departments of Boyaca ́ and 

Cundinamarca and was produced in 

accordance with the requirements of 

§ 319.56–67. 

(Approved by the Office of Management 

and Budget under control number 0579– 

0411) 

Done in Washington, DC, this 28th day of 

April 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–10039 Filed 5–1–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–13–0067; FV13–946–2 

FIR] 

Irish Potatoes Grown in Washington; 

Temporary Change to the Handling 

Regulations and Reporting 

Requirements for Yellow Fleshed and 

White Types of Potatoes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as a 

final rule. 

SUMMARY: The Department of 

Agriculture is adopting, as a final rule, 

without change, an interim rule that 

temporarily exempted yellow fleshed 


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